1009-1

RULE 1009-1 AMENDMENTS OF PETITIONS, LISTS, SCHEDULES AND STATEMENTS

[Modified 9/9/13]

 

(a) Procedure and Form. In any open bankruptcy case, amendments to the bankruptcy petition, schedules, statements of financial affairs, statements of income and expenses, or summaries of assets and liabilities shall be filed with the Clerk. The amended document shall clearly state in bold print that it is an amendment, and the amendment shall be underlined and in italics to identify the added or changed information. The amended document shall contain an original signature by the amending party, or if electronically filed, the electronic signature of the amending party. If the case is closed, amendments to bankruptcy schedules or statements may be made only after the granting of a motion to reopen and a motion to amend.

 

(b) Notice and Service of Amendment. In each instance in which the debtor amends its petition, lists, schedules or statements, it shall give notice by serving a copy of the amendment upon any trustee appointed, the local office of the United States trustee, creditors, and to all other entities directly affected by the amendment, and shall file a certificate of service indicating the parties served and the date and method of service.

 

(c) Amendments Adding an Omitted Creditor. If, at any time after the first notice of the first meeting of creditors is mailed, pre-petition creditors not previously included on the creditor mailing list are added by amendments, the following procedures shall apply:

 

(1) Contemporaneous with the filing of the amendment and applicable fee, the debtor shall:

 

(A) in a conventionally filed case (not electronically filed), file a supplemental disk, listing only the name(s) and address(es) of the added creditor(s) in the form prescribed by R.I. LBR 1002-1(c);

 

(B) serve upon the added creditors a copy of the Notice of Section 341 meeting of creditors, and if applicable, a proof of claim form;

 

(C) In an individual chapter 7 case, serve a notice informing the added creditor of its right to file complaints under 11 U.S.C. §§ 523 and 727, and objections to the debtor's claim of exemptions within sixty (60) days of service of the papers required by this LBR or within the time set for the filing of such complaints , motions, or objections by creditors previously scheduled, whichever is later.

 

(D) File a certificate of service with the Court acknowledging compliance with this local rule.

 

(2) The extensions of deadlines granted by this LBR shall apply only to creditors added by the amendment.

 

(3) Creditor(s) added after the Section 341 meeting of creditors has commenced shall, unless the Court orders otherwise, be entitled, upon request to the U.S. trustee, to reconvene the Section 341 meeting.

 

(4) In an individual chapter 7 case in which there is no distribution to creditors, if a creditor is added after the order of discharge is entered, the order of discharge shall be deemed to apply to the prepetition debts owed to such creditor as of the later of:

 

(A) 60 days after the date the debtor certifies compliance with paragraphs (1) above, and no complaints or motions under 11 U.S.C. §§ 523 and 727 are filed by such creditor; or

 

(B) the date the last orders denying or dismissing such complaints or motions  become final.

 

(d) Amendments to Creditor Mailing List. An amended creditor list is required to be filed whenever the debtor files its initial schedules containing creditors that were not listed on the original creditor list. The following procedures shall apply:

 

(1) An amended creditor list shall contain only the names and addresses of the new creditors. Creditors listed on the original creditor list shall not be repeated on the amended creditor list.

 

(2) The applicable miscellaneous fee for filing amendments to the lists of creditors shall be filed with the amended creditor list.

 

(3) If the schedules themselves are being amended to add new creditors, the debtor shall file an amended schedule listing the added creditors, with the applicable fee, and shall include a supplemental disk containing only the names and addresses of the added creditors. See LBR 1002-1(d).